Militant Islamic Preacher Is Freed on Bail in Britain

Abu Qatada on Tuesday, after winning the latest in years of legal battles in a ruling that was a blow to the British government.Credit
Neil Hall/Reuters

LONDON — A militant Islamic preacher wanted in Jordan to face terrorism charges, who is depicted by British officials as a top operative of Al Qaeda, was released on bail on Tuesday after winning the latest in seven years of legal battles that have been portrayed by his lawyers as crucial tests of British justice.

Heavily bearded and wearing a black turban, the preacher, Abu Qatada, 52, whose real name is Omar Mahmoud Mohammed Othman, appeared to be smiling as he left the Long Lartin maximum security prison in Worcestershire in the back of a black Volkswagen minibus.

When he arrived outside his London home, a small group of protesters chanted “Out, out, out,” witnesses said.

His release came a day after an immigration appeals tribunal ruled that sending Mr. Othman to Jordan would violate his right to a fair trial under European human rights law.

British news reports on Tuesday said the bail conditions included a 16-hour curfew, electronic tagging, a ban on Internet use and prohibitions on meeting some people.

British authorities have been seeking to deport him for years, but their efforts were blocked by the European Court of Human Rights over concerns that evidence obtained from others under torture might be used against him in Jordan.

The government’s exasperation was reflected in remarks by Prime Minister David Cameron on Tuesday. “I am completely fed up with the fact this man is still at large in our country, he has no right to be there, we believe he’s a threat to our country,” he said during an official visit to Rome. “We have moved heaven and earth to try and comply with every single dot and comma of every convention to get him out of the country. It’s extremely frustrating and I share the British people’s frustration at the situation we find ourselves in.”

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Mr. Othman, who is of Palestinian descent, was convicted in absentia of involvement in two bombing plots in Jordan in 1999 and 2000 and faces a retrial if returned home.

Legal experts said an appeal can be made only on a point of law, and government lawyers must first work out a strategy to proceed. Keith Vaz, a Labour politician who is the head of Parliament’s Home Affairs Committee, told the BBC that legal efforts over the past seven years to deport Mr. Othman had cost taxpayers £1 million, the equivalent of $1.6 million.

“At the moment, it looks pretty farcical that a very dangerous man is now put on bail having gone through the court system for seven years and having cost the taxpayer £1 million,” he said, adding, “What we need to do is study the judgment carefully and to try to persuade the Jordanians to do the only thing that the courts wanted them to, which is to strengthen the Jordanian criminal code.”

The ruling by the tribunal said the judges were not satisfied that “there is no real risk” that statements made earlier by witnesses under duress would not be used at a retrial.

While many newspapers and politicians depict Mr. Othman as a terrorist and henchman of Osama bin Laden’s, his lawyers portray his case as testing the bounds of British justice.

Mr. Othman’s solicitor, Gareth Peirce, said it was “important to reaffirm this country’s position that we abhor the use of torture, and a case that was predicated upon evidence from witnesses who have been tortured is rejected — rejected by the courts of this country, as by the European Court.”

“It is important to emphasize the fundamental rules of law that we subscribe to,” she said.

A version of this article appears in print on November 14, 2012, on Page A14 of the New York edition with the headline: Militant Islamic Preacher Is Freed on Bail in Britain. Order Reprints|Today's Paper|Subscribe